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WOODBY v. IMMIGRATION SERVICE

No. 40.

385 U.S. 276 (1966)

WOODBY v. IMMIGRATION AND NATURALIZATION SERVICE.

Supreme Court of United States.

Decided December 12, 1966.

Attorney(s) appearing for the Case

Jacob A. Myers argued the cause for petitioner in No. 40. With him on the briefs was Sidney G. Kusworm, Sr.

Francis X. Beytagh, Jr., argued the cause for respondent in No. 40, pro hac vice, by special leave of Court. On the brief were Solicitor General Marshall, Assistant Attorney General Vinson, Robert S. Rifkind, L. Paul Winings and Charles Gordon.

Joseph Forer argued the cause and filed briefs for petitioner in No. 80.

Charles Gordon argued the cause for respondent in No. 80. On the brief were Solicitor General Marshall, Assistant Attorney General Vinson, Richard A. Posner and Maurice A. Roberts.

Frank C. Newman, pro se, filed a brief for Newman et al., as amici curiae, in No. 80.

MR. JUSTICE STEWART delivered the opinion of the Court.

The question presented by these cases is what burden of proof the Government must sustain in deportation proceedings. We have concluded that it is incumbent upon the Government in such proceedings to establish the facts supporting deportability by clear, unequivocal, and convincing evidence.

In Sherman (No. 80), the petitioner is a resident alien who entered this country from Poland in 1920 as...

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